Imprisoned O.J. Simpson testifies in bid for new trial

By Michael Martinez, CNN

Updated 6:46 AM ET, Thu May 16, 2013

Photos: The rise and fall of O.J. Simpson22 photos

Disgraced football star O.J. Simpson returns to a Las Vegas court Monday, May 13, to try to get his robbery, assault and kidnapping convictions thrown out after spending more than four years in prison. He argues bad legal advice led to his arrest and conviction in a confrontation with sports memorabilia dealers. His 2008 conviction came 13 years after his acquittal on murder charges in the deaths of ex-wife Nicole Brown Simpson and Ronald Goldman.

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Photos: The rise and fall of O.J. Simpson22 photos

The rise and fall of O.J. Simpson – As a University of Southern California running back, Simpson accepts the Heisman Trophy in December 1968.

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The rise and fall of O.J. Simpson – Simpson, pictured in 1974, was a running back for the Buffalo Bills from 1969 to 1977.

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The rise and fall of O.J. Simpson – Simpson with his wife, Marguerite Whitley, and daughter Arnelle and son Jason, circa 1974. The couple were married from 1967 to 1979. They had another daughter, Aaren, who died as a toddler in a drowning accident.

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The rise and fall of O.J. Simpson – Simpson in action during a Buffalo Bills game against the New York Jets.

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The rise and fall of O.J. Simpson – SImpson married Nicole Brown Simpson in 1985. Here the couple appear at a Los Angeles nightclub around 1976.

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The rise and fall of O.J. Simpson – Former Buffalo Bills coach Lou Saban appears with Simpson during his induction into the Pro Football Hall of Fame in August 1985.

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The rise and fall of O.J. Simpson – Simpson branched out into acting. He appears with Bill Murray, left, Laraine Newman and Garrett Morris in a "Saturday Night Live" skit in 1978.

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The rise and fall of O.J. Simpson – As a running back for the San Francisco 49ers, Simpson carries the ball against the Oakland Raiders during a preseason game circa 1978.

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The rise and fall of O.J. Simpson – Simpson becomes a commentator on ABC's "Monday Night Football" in the mid-'80s. He appears with Joe Namath, left, and Frank Gifford.

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The rise and fall of O.J. Simpson – Simpson and children attend Nicole Brown Simpson's funeral in June 1994.

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The rise and fall of O.J. Simpson – Ronald Goldman was slain with Simpson's ex-wife Nicole Brown Simpson on June 12, 1994.

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The rise and fall of O.J. Simpson – In footage seen on TV screens around the world, police chase a white Ford Bronco with a fugitive Simpson on the Los Angeles freeways on June 17, 1994. The Bronco eventually returned to Simpson's home in the Brentwood section of Los Angeles, and he surrendered to police on murder charges in the deaths of his ex-wife and Ronald Goldman.

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The rise and fall of O.J. Simpson – Simpson's mug shot after his arrest on murder charges.

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The rise and fall of O.J. Simpson – Fans leave signs of support outside Simpson's house in June 1994.

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The rise and fall of O.J. Simpson – Lead defense attorney Johnnie Cochran Jr. and prosecutor Marcia Clark face off during a hearing in the murder trial that riveted a nation.

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The rise and fall of O.J. Simpson – "If it doesn't fit, you must acquit" was defense attorney Cochran's mantra during the trial. Here, Simpson tries on a leather glove tied to the crime scene at his murder trial on June 15, 1995.

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The rise and fall of O.J. Simpson – Simpson cheers with his attorneys F. Lee Bailey, left, and Johnnie Cochan Jr. on October 3, 1995, after being found not guilty of killing Nicole Brown Simpson and Ronald Goldman. Though cleared of criminal charges, a civil jury later slapped the former football star with a $33 million wrongful-death judgment, and attorneys for the Goldman family have doggedly pursued his assets.

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The rise and fall of O.J. Simpson – Simpson continued to encounter legal problems, including a "road rage" trial in the Miami area in October 2001. He was found not guilty on charges stemming from a traffic altercation with another motorist.

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The rise and fall of O.J. Simpson – Simpson appears in court with attorneys Gabriel Grasso, left, and Yale Galanter before sentencing in the sports memorabilia case in December 2008 in Las Vegas. Simpson contended he was retrieving personal items that had been stolen from him and were being sold as memorabilia. He is now accusing Galanter of having a conflict of interest and failing to mount an effective defense.

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The rise and fall of O.J. Simpson – The Palace Station hotel room, the scene of Simpson's reported confrontation with sports memorabilia dealers, is displayed on a monitor during Simpson's trial in September 2008.

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The rise and fall of O.J. Simpson – Simpson embraces his sister, Carmelita Durio, while his friend Tom Scotto looks on in court after a guilty verdict was reached in October 2008. Simpson was convicted of leading a group of associates into a room at the Palace Station hotel and casino and using threats, guns and force to take back items from two dealers.

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Story highlights

Simpson waives attorney-client privilege, but his new attorney is "not worried"

The former football star is trying to get a new trial on robbery, assault, kidnapping charges

Simpson says he got poor advice from his lawyer in original trial

Prosecutors say there's no merit to the claim

Wearing a blue prison uniform, O.J. Simpson testified Wednesday in a Las Vegas courtroom that his former attorney advised he could use some force to reclaim personal items from sports memorabilia dealers as long as he didn't trespass.

Simpson took the witness stand in an effort to get a new trial on his armed robbery, assault and kidnapping convictions stemming from the confrontation in 2007. He insists that his attorney in that case, Yale Galanter, didn't adequately represent him during the trial a year later.

Simpson said he trusted Galanter's advice on how to get the items back. He said he believed the items were stolen and he wanted to give them to his children someday.

"The overall advice that he gave me is that you have a right to get your stuff. He gave me an example that if you're walking the street and you see your laptop in a car, you can use force to break the window of the car," Simpson told the court.

"Yale is a pretty forceful guy, and he sort of takes over," Simpson said.

When Simpson expressed concerns about going to trial and possibly being convicted, "he said, 'Relax, relax, O.J. I got it, I got it. I will get you out of this,' " Simpson testified.

A new O.J. Simpson trial?

The 65-year-old former football star was convicted of leading a group of associates into a room at the Palace Station hotel and casino and using threats, guns and force to take back items from the two dealers.

Simpson testified that Galanter advised him that he could demand his property back from the dealers, and if they refused to return it, he could use some force, but he could not trespass.

Simpson didn't discuss with his attorney, however, about whether any weapons would be used in the incident. Simpson and co-defendants would later be accused of using a weapon.

Galanter is scheduled to testify Friday in the proceedings on Simpson's new trial request.

On Wednesday, Simpson testified he didn't know of any weapons being present when he and five co-defendants confronted the memorabilia dealers in the hotel room.

"But I suspect" there were, he testified.

Of the five men who went with Simpson to the room, four pleaded guilty to reduced charges in exchange for their testimony at trial, but Clarence "C.J." Stewart faced a jury conviction alongside Simpson.

Stewart later won a court order for a new trial. In 2011, Stewart was sentenced to three years' probation after entering an Alford plea to robbery and conspiracy to commit robbery, meaning he didn't admit guilt but acknowledged that prosecutors could prove their case, the Las Vegas Review-Journal reported then.

By testifying against his former attorney, Simpson waived his right to the attorney-client privilege in the 2007 case, but his attorney in this week's court proceedings said Simpson has no concerns about losing those protections.

"I am confident Mr. Simpson has not told him anything that would inculpate him because I'm confident the truth is he did not intend to commit any crime. So, no, I'm not worried," attorney Patricia Palm said.

A deputy escorted Simpson to the stand Wednesday and unlocked the manacles binding his hands to his waist. His feet were also shackled. The former NFL player was heavier and had more gray hair than when he gained notoriety in the mid-1990s in his trial on charges of killing his ex-wife and her friend. A jury acquitted him in that case.

In court Wednesday, Simpson recounted his working relationship with Galanter, who he said had a conflict of interest in the case and failed to mount an effective defense.

"Yale had a relationship with the media and he would go on various shows to refute the tabloid stories," Simpson said. "He had a good relationship with the media and consequently I was in the media a lot, and that gave him an opportunity to go on TV."

Under questioning by his attorney, Simpson seemed relaxed, alert and attentive to each question. His voice was low and at times raspy. His left wrist manacled to his waist, creating an image of a one-armed man as he gestured only with his right hand in animated moments.

The courtroom gallery is small, occupied mainly by journalists, and the hearing lacked the big media spectacle of prior Simpson court appearances.

The proceeding is being heard by Clark County District Judge Linda Marie Bell, who will also rule on Simpson's request.

In documents filed requesting the new trial, Simpson argued that Galanter prevented him from testifying on his own behalf, leaving nothing to challenge evidence put forward by prosecutors of criminal intent and other issues.

Because Simpson didn't testify in the 2008 trial, he now "wants to tell his story," attorney Osmaldo Fumo said Tuesday, the second day of the hearing.

"There are 19 issues here in our writ and all you need is one of them to be granted and Mr. Simpson gets a new trial," Fumo said. "It just seems overwhelming that more than one of them should or would be granted and I'm confident he'll get a new trial."

Simpson is serving a 33-year prison term and is eligible for parole in 2017.

Simpson lost an appeal of his verdict in 2010 in Nevada Supreme Court. Prosecutors say there is no evidence of conflict of interest and Simpson's claims are "without merit."

Simpson, who played in the NFL from 1969 to 1979, was acquitted in a criminal trial in the 1994 deaths of his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman. A civil jury later slapped him with a $33 million wrongful-death judgment.